Existing law establishes a preprosecution diversion program for certain persons who have been accused of committing certain crimes which are punishable as a misdemeanor. (NRS 174.031) Section 1 of this bill expands the list of persons eligible for such a diversion program, to include persons who have previously: (1) been convicted, with the exception of certain criminal offenses; or (2) completed a preprosecution diversion program in this State. Existing law establishes a program for the treatment of alcohol or other substance use disorders to which a court may assign certain persons. The program is modeled after the provisions of law governing the programs for the treatment of mental illness and intellectual disabilities and for the treatment of veterans and members of the military. (NRS 176A.230) Sections 2-4 of this bill clarify that a district court, justice court or municipal court each has the authority to establish a program for the treatment of alcohol or other substance use disorders. Section 3 also authorizes a court to provisionally refer a defendant to a program for the treatment of alcohol or other substance use disorders, pending the outcome of a clinical assessment or substance use assessment.

Statutes affected:
As Introduced: 174.031, 176A.230, 176A.240, 176A.245
BDR: 174.031, 176A.230, 176A.240, 176A.245